manner and includes failure to
(3) allegations in relation to a public functionary includes any affirmation that such public functionary in his capacity ... survive in public life on the basis of pu
41/ True it is that public functionaries, as defined in the Act of 2002, hold their
Government and its departments
prior to issuance of notice to the public functionaries or what has
been referred to as the pre-inquiry stage ... investigation is necessarily after
the issuance of notice to the public functionaries. However, the Act
used the broader term 'inquiry' instead of investigation
cannot be so summoned without disclosing identity of the complainant, the public functionaries involved and the nature of the allegations levelled against said public functionaries ... Ayukta for the investigation of the allegations against the public functionaries in the State of Gujarat and also for safeguarding the dignity and prestige
integrity and
conduct which ought to be followed by the
public functionary of the class to which he
belongs i.e., Member-Legislative Assembly,
secondly ... Definitions1"-
(b) "Allegation" in relation to a public
functionary means by affirmation that such
public functionary in capacity as such
actuated, in the discharge of her functions as a public functionary, by improper
motives for her personal and party interest. It was also his view ... accordance with the norms of integrity and conduct expected of a public
functionary occupying the august chair of the Chief Minister of Delhi.
Consequently
allegation" to be "in relation" to a public functionary , "by affirmation
that such public functionary in capacity as such ... 2009 Page 9
17. Section 2(m) defines a "public functionary" in very broad terms; the expression extends
to those holding
above FIR. The notice
mentioned that as the Petitioner was a public functionary the Lokayukta
had "taken cognizance of the above incident ... DLAU Act, an allegation in relation to
a public functionary had to be to the effect that he failed to act "in
accordance with
Government of National Capital Territory of Delhi
(„GNCTD‟) was a „public functionary‟ within the meaning of Section 2(m)
(iv) of the DLAU ... Government would be covered within the
definition of „public functionary‟ but the other/remaining Members of Civil
Service would be excluded from the said definition
summoned without being disclosed the identity of the complainant, the public functionaries involved and the nature of allegations made against such public functionaries. The petitioners ... conduct it in public in respect of a matter of public importance. Therefore, in matters which have no definite public importance even the Lokayukta will
every public
functionary and public authority to act fairly, reasonably and prudently in
the public interest and for the public good. In the case ... matters of trade or business, public
authorities must be mindful of public interest, public purpose and public
good. The observations
